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May 2024 Current Affairs MCQs & Solutions
Top national & international current affairs questions for CSS, PMS, FPSC, PPSC, and NTS screening tests.
#1981
How may a person conducting business under a trade name or style other than their own be sued?
(a) By his own name
(b) Both (a) and (b)
(c) By the name of his business or style
(d) None of the these
Explanation: Under the Code of Civil Procedure, a person carrying on business in a name other than their own may be sued either in the name of the business or in their own personal name. This provision facilitates the identification of the actual party responsible for the business liabilities.
#1982
To whom may a plaint be submitted to formally institute a civil suit?
(a) None of these
(b) Both A and B
(c) Competent Court
(d) Court Authorized Officer
Explanation: According to the Code of Civil Procedure, every suit is instituted by the presentation of a plaint to the court or such officer as it appoints in this behalf. Therefore, a plaint can be filed either directly before the competent court or with an officer specifically authorized by the court to receive such legal documents.
#1983
Under Order VIII, Rule 10 of the Code of Civil Procedure, what action may the Court take if a party fails to submit a written statement within the prescribed timeframe?
(a) The Court may pronounce judgment against it
(b) None of the these
(c) Both A and B
(d) Make any other order regarding the suit
Explanation: Order VIII, Rule 10 of the CPC grants the Court discretionary power when a defendant fails to file a written statement. The Court may either pronounce judgment against the defaulting party or pass such other order as it deems fit in relation to the suit, ensuring that the litigation process is not unnecessarily delayed by the failure of a party to file their defense.
#1984
Under what circumstances may a person suffering from a legal disability file a suit or make an application?
(a) Depends upon courts discretion to permit such a litigant to do so.
(b) Out of limitation period
(c) None of above
(d) Within limitation period
Explanation: The Limitation Act provides specific provisions for persons under legal disability, such as minors or those of unsound mind. Section 6 of the Limitation Act allows such individuals to institute a suit or make an application after the cessation of their disability, effectively extending the standard limitation period prescribed by law.
#1985
Upon whom may a summons be served when a lawsuit is filed against a corporation?
(a) None of these
(b) Both A and B
(c) Secretary or director of the corporation
(d) Principal officer of the corporation
Explanation: According to the rules of procedure for suits involving corporations, service of summons can be effectively made upon the secretary, any director, or other principal officer of the corporation. This ensures that the legal notice reaches a responsible individual authorized to represent the entity in legal proceedings, thereby satisfying the requirements for valid service of process.
#1986
If a right to sue for boat hire accrues to a person during their minority, and they reach the age of majority four years later, what is the total time frame within which they may institute the suit?
(a) Three years from the date of his attaining majority
(b) five years from the date of his attaining majority
(c) Two years from the date of his attaining majority
(d) None of above
Explanation: Under the Limitation Act, when a cause of action arises during minority, the limitation period is suspended until the person attains the age of majority. Once they reach majority, the standard limitation period (typically three years for such suits) begins to run. In this scenario, the total time available is calculated based on the statutory provisions allowing for the extension of time for minors.
#1987
Under which provision of the Civil Procedure Code are the persons for whose examination commissions may be issued specified?
(a) None of these
(b) O. XXVI, R. 3
(c) O. XXVI, R. 2
(d) O. XXVI, R. 4
Explanation: Order XXVI, Rule 4 of the Code of Civil Procedure, 1908, explicitly outlines the circumstances and the specific categories of persons for whose examination the court may issue a commission to take evidence.
#1988
Under Order 1, Rule 1 of the Civil Procedure Code, under what conditions may multiple persons be joined as plaintiffs in a single suit?
(a) Their right to relief is same
(b) They belong to same group
(c) They are close relative
(d) None of these
Explanation: Order 1, Rule 1 of the Code of Civil Procedure, 1908, allows the joinder of plaintiffs if the right to relief arises out of the same act or transaction, or series of acts or transactions, and if any common question of law or fact would arise if such persons brought separate suits.
#1989
According to Order XVI, Rule 4 of the CPC, what action may the court take if the party applying for summons fails to pay the required fees for witnesses?
(a) Order to attach or sale moveable property of applying person
(b) Both of the above
(c) Order to pay the fee from Government treasury
(d) None of these
Explanation: Order XVI, Rule 4 of the Code of Civil Procedure empowers the court to recover the expenses of witnesses if the party who applied for the summons fails to deposit the necessary fees. The court may direct the recovery of such amounts by attaching and selling the movable property of the defaulting party to ensure the witness expenses are covered.
#1990
Who may be appointed by the court as a local commissioner for the partition of property?
(a) Any person which it deems fit
(b) None of these
(c) A Patwari
(d) A Tehsildar
Explanation: The court possesses broad discretionary power under the Civil Procedure Code to appoint a local commissioner for the partition of property. While officials like Patwaris or Tehsildars are often chosen due to their expertise in land records, the law allows the court to appoint any person it deems fit and impartial to execute the commission effectively and fairly.
#1991
Under Order 1, Rule 2 of the Civil Procedure Code, what action may the court take if the joinder of plaintiffs is deemed to cause embarrassment or delay to the trial?
(a) Both of the above
(b) Order for sepaarate trial
(c) None of these
(d) Struck off plaintiffs rights
Explanation: Order 1, Rule 2 of the CPC empowers the court to manage the proceedings efficiently. If the court determines that the joinder of plaintiffs may embarrass, delay, or otherwise prejudice the fair trial of the suit, it may order separate trials or make such other orders as may be necessary to ensure the case proceeds in an orderly and just manner.
#1992
What action may a court take if a person fails to appear after a proclamation has been issued for their attendance?
(a) None of the these
(b) Bailable warrant
(c) Warrant without bail
(d) Both (a) and (b)
Explanation: When a witness or party fails to comply with a court's proclamation for attendance, the court is authorized to issue coercive processes to ensure their presence. This includes the issuance of bailable or non-bailable warrants depending on the severity of the non-compliance and the necessity of the person's testimony for the ongoing judicial proceedings.
#1993
When a person entitled to institute a suit or application is under a legal disability at the time the limitation period begins, when may they initiate the proceeding?
(a) Insaneness
(b) Minority
(c) Idiotness
(d) All of above
Explanation: The Limitation Act provides relief for persons under legal disability, such as minority, insanity, or idiocy. These conditions prevent a person from understanding the nature of legal proceedings or protecting their interests. Consequently, the law allows the limitation period to be suspended or extended until the disability is removed, enabling the person to institute their suit or application once they are legally and mentally capable of doing so.
#1994
If an Army officer is unable to personally appear in court due to official leave, how may they initiate or defend a legal suit?
(a) None of these
(b) Any person authorized by him
(c) His elders
(d) His commanding officer
Explanation: Under the Civil Procedure Code, specific provisions exist for military personnel who are unable to attend court proceedings due to their service obligations. An officer may appoint an authorized representative or agent to act on their behalf in legal matters, ensuring that their right to sue or defend a suit is not prejudiced by their inability to be physically present in court.
#1995
According to Order XII, Rule 1 of the CPC, a party may provide written notice admitting the truth of which case?
(a) His own
(b) Both of above
(c) Opposite party
(d) None of these
Explanation: Order XII, Rule 1 of the Code of Civil Procedure allows any party to a suit to give notice by their pleadings or otherwise in writing that they admit the truth of the whole or any part of the case of the opposite party. This provision is intended to narrow down the issues in dispute and save the court's time by focusing only on contested matters.
#1996
Under what circumstances may a court amend a judgment, decree, or order?
(a) None of the these
(b) Clerical or arithmetical error
(c) Factual error
(d) Conceptual error
Explanation: Section 152 of the Code of Civil Procedure allows courts to correct clerical or arithmetical mistakes in judgments, decrees, or orders, or errors arising therein from any accidental slip or omission. This power ensures that the court's records accurately reflect its actual intention and the judicial decision rendered.
#1997
Under Order XII, Rule 1 of the Code of Civil Procedure, how may a party acknowledge the accuracy of the opposing party's claims?
(a) Opposite party
(b) None of the these
(c) His own
(d) Both A and B
Explanation: Order XII, Rule 1 allows any party to give notice by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. This formal admission simplifies the issues for trial, as the court no longer needs to hear evidence on facts that have been mutually agreed upon by the parties.
#1998
Under what circumstances may a Court grant an adjournment of a hearing according to Order XVII, Rule 1?
(a) Court is busy
(b) Any party intend to do so
(c) Any party request for adjournment with sufficient cause
(d) None of the these
Explanation: The Court may grant an adjournment when a party requests one with sufficient reason, as per Order XVII, Rule 1. This rule is designed to ensure that adjournments are not granted arbitrarily but only when there is a valid, justifiable cause, thereby preventing unnecessary delays in the judicial process.
#1999
Under Order XXXVII Rule 3, sub-rule (2) of the Code of Civil Procedure, what order may the trial court issue regarding leave to defend?
(a) None of these
(b) Both A and B
(c) Unconditional leave to defend
(d) Leave with terms as to payment in Court for security
Explanation: Order XXXVII of the Code of Civil Procedure deals with summary suits. Under Rule 3(2), the court has the discretion to grant the defendant leave to defend the suit. This leave can be granted unconditionally if the defense appears substantial, or it may be granted conditionally, requiring the defendant to deposit security or fulfill other terms as the court deems appropriate to ensure the plaintiff's interests are protected.
#2000
Under what condition may a court that passed a decree transfer it to another court for the purpose of execution?
(a) None of these
(b) Its discretional power
(c) Application of decree debtor
(d) Application of decree holder
Explanation: According to the Code of Civil Procedure, the execution of a decree is primarily a right of the decree-holder. The court may transfer the decree to another jurisdiction for execution upon the formal application filed by the decree-holder. This ensures that the party entitled to the judgment can effectively seek enforcement against the assets of the judgment debtor located in different jurisdictions.